UNITED STATES DISTRICT
COURT FOR THE MIDDLE DISTRICT OF TENNESSEE NASHVILLE DIVISION
DOE V. SUNDQUIST Case No.
#3-96-0599
BRIEF AMICUS CURIAE
End Notes
(1) The instant case is distinguished
from Memphis Planned Parenthood Inc. v. Sundquist because in Planned Parenthood
the court protected anonymity in matters regarding a fundamental unlisted
constitutional right, abortion. No. 3:89-0520 (M.D.Tenn. July 3, 1996). Birth
parent confidentiality is not required by either the Constitution or the Supreme
Court, because the right to place a child for adoption is not a recognized
constitutional right. ________________________ (2) As their second cause of
action plaintiffs allege that "the Act violates the parental rights of the
plaintiffs as guaranteed by the Fourteenth Amendment of the United States
Constitution. 11 (Pls. Am. Compl. , 1 23) . Plaintiffs have not briefed this
cause of action, so their contentions are unclear. Birth parents who placed
their children for adoption by definition have no parental rights, since they
surrendered their parental rights during the adoption proceedings. Adoption
agencies have no parental rights. The only category of persons having parental
rights represented by the plaintiffs are adoptive parents. However, adoptive
parents have no parental rights over their children once they reach the age of
majority, and since the Act only affects adopted persons who are at least
twenty-one years of age, none of the categories of persons represented by the
plaintiffs have parental rights which would be threatened by the Act. Therefore,
this brief shall assume that plaintiffs intended "parental rights" to be
subsumed into the broader category of familial and reproductive privacy which
the Supreme Court has recognized. _________________________ (3) If an increased
abortion rate drives Plaintiffs fears about the Act, it is interesting to note
that many anti-abortion/pro-life groups praise open adoption as an "affirmative
alternative to abortion." Bill Betzen, Open Adoption Saves Lives, 1993 Living
World 6 (1993). They reason that when pregnant women were given the choice
between placing a child for adoption and never knowing anything about the child,
or having an abortion, either way the child was dead unto the mother. But open
adoption allows pregnant women the possibility that they might someday know the
child they placed for adoption. Thus what once was a choice between death and
death becomes a choice between death and life. Id. at 7.
__________________________ (4) The Supreme Court's recent decision in Romer v.
Evans, did not recognize any additional suspect classes for equal protection
purposes. Instead, the Court held that Colorado's Amendment 2, which precluded
government action designed to protect the status of persons based on their
homosexual orientation, was unconstitutional because it failed the rational
basis test. U.S. 1 1996 LEXIS 3245, 9 (1996). Specifically, the Court held that
animosity toward a group is not a rational basis for legislation. Id. at 7 (11
[T] he Amendment seems inexplicable by anything but animus toward the class that
it affects; it lacks a rational relationship to any legitimate state interest.
11) . In addition, the Court found the Amendment was too broad to have a
rational relationship to a legitimate state interest. Id. at 8-9 ("The breath of
the Amendment is so far removed from these particular justifications that we
find it impossible to credit them..). Nothing in the legislative history
suggests that the Tennessee General Assembly in amending the adoption code was
motivated by animosity toward birth mothers as opposed to women who chose to
have abortions. Furthermore, the amended code is narrow in its scope and was
drafted to specifically address the legitimate state interest of allowing
adopted persons access to their records in the interest of an adoption process
which is fair to all the parties involved.
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